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H1B 2019 Post-Memorandum: Who Caused that RFE?

Credential Evaluation, Immigration, Visa Approvals

This does not change our overall approval strategy when it comes to H1B visas, which is to get it right the first time.  Anticipate any issues your case may run into during processing and keep an eye on USCIS approval trends.  It is important to for all members of the H1B team to understand where issues are likely to arise, and where they need to pay extra attention to make sure they don’t drop the ball, especially this coming April when there may be no second chances. That’s why it is essential to look back on this past year and find out who caused that RFE.

Sometimes it’s no one’s fault, and sometimes it’s fault of USCIS.

When working with any bureaucratic process, there is the possibility of error.  When working with USCIS, there is the understanding that processing errors occur, and that their approval trends are volatile and can be unpredictable.  It can be difficult to anticipate which parts of the law they will interpret which way from year to year.  If approval issues arise due to bureaucratic or human error, there will likely be a way to address it.  A Denial is not the end of the road, it is just harder to overturn than an RFE.  If it is no one’s fault, or if USCIS pulls a fast one on us again, we can find a way to work around it.

Sometimes the lawyer caused the RFE.

Occasionally, an immigration attorney will file the wrong document, or file the petition wrong.  While this is rare, it can cost an outright approval.  To prevent this, legal assistants are encouraged to check in with TheDegreePeople.com to make sure that they have all of the necessary immigration forms, labor forms, and documentation necessary to file everything on time, in the right order, and filled out appropriately.

Sometimes the beneficiary caused the RFE.

It is not uncommon for a beneficiary to misunderstand the US academic equivalency of their education.  Sometimes a bachelor’s degree in one country is not a bachelor’s degree in the United States because even though the words translate the educational value does not.  Some certifications and professional licenses in some countries are the equivalent of a US bachelor’s degree in that field, while the US license or certification is not.  Sometimes a beneficiary will have a degree from an unaccredited academic institution, or even from a degree mill.  It is important for beneficiaries to understand their education, and what it means in terms of US value, and to make sure that their school is accredited.  If the beneficiary does not have the necessary education, it is their responsibility to make sure they have enough education and work experience to make up the equivalency.

Sometimes it’s the employer or the job that caused the RFE.

If the Labor Condition Application (LCA) is filled out incorrectly or misfiled, if there are discrepancies between the job description and the entry on the LCA, if USCIS feels that the wage level was set incorrectly or that the job does not meet specialty occupation requirements, issues will likely arise in the approval process.  It is recommended that all petitions now include an expert opinion letter clarifying that the job meets H1B specialty occupation requirements and explaining why the wage level is set as it is to meet H1B requirements.

Before you file, let us review your case to make sure all your bases are covered.  It is more important this year than ever before to get it right the first time, because you may not get a second chance.  For a free review of your case visit ccifree.com/.  We will get back to you in 48 hours or less.

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What New USCIS Adjudication Memorandum Means for the Nightmare RFE

Credential Evaluation, Immigration, Visa Approvals

The good news is that we likely won’t be seeing many – if any – Nightmare RFEs this coming H1B season.  The bad news is that the reason is because the recent USCIS memorandum issued in September of 2018 now gives visa adjudicators the authority to reject petitions outright without giving the petitioner a chance to defend their case.

This coming H-1B season, it is crucial to anticipate any approval issues you, or your employee or client may run into before you file.  The good news is that the memorandum also made all H-1B filing electronic when filing for cap-subject petitions opens.  You only have to file H-1B paperwork if you, or if your employee or client is selected in the H-1B lottery.  This buys beneficiaries a little time to get all of the additional documentation and evidence together, but the first time you file will likely be the last chance you get.

At TheDegreePeople, we recommend filing as though you are answering a Nightmare RFE.

If the beneficiary’s degree is not an exact match for the H-1B job and from an accredited US institution, you MUST include a credential evaluation written specifically for your situation, or for your employee or client’s situation.

Include an expert opinion letter that explains why the H-1B job meets specialty occupation requirements, and thoroughly explaining why the wage level was set as it was.

Let us review your case before you file to make sure you have all of your bases covered.  We also offer assistance with obtaining and filing the immigration forms you need to complete the petition.  Visit ccifree.com for a free review of your case.  We will get back to you in 48 hours or less.

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Case Study: Specialty Occupation H1B RFE for Engineer – Overturned!

Credential Evaluation, Immigration, Visa Approvals

While specialty occupation RFEs are nothing new, starting in the 2017 H1B cap season we saw a dramatic increase in such RFEs.  This coming year, there may not be many RFEs at all because USCIS adjudicators have been given license to deny petitions outright.

To qualify for H1B status a job must require a minimum of a US bachelor’s degree or higher or its equivalent to enter the position, and the job must entail utilizing highly specialized knowledge to perform the duties of the job.  In past years, jobs like physician or engineer were not called into question.  This past year, even jobs that were once considered clearly specialized were called into question and unsuspecting beneficiaries suddenly had to defend themselves.

One such client came to TheDegreePeople with a specialty occupation RFE for the job of engineer.  In 2017, software developers came under fire with specialty occupation RFEs.  Many employers responded the following year by redefining the job as an engineer.  This is part of the reason the job of engineer was hit with specialty occupation RFEs in 2018, but only part of the bigger picture that CIS approval trends change every year and are difficult to predict.

To address this letter, one of our experts in the field of engineering wrote a third-party expert opinion letter explaining why our client’s particular job met specialty occupation requirements both in line with the industry standard and with the employer’s hiring practices.  This letter accompanied a detailed breakdown of the duties and responsibilities of the position, documentation of industry standard through the ad for the job and ads for the same position in the industry for similar companies, and so forth, to tie it all together.  The RFE was overturned and his visa was approved.

Active now the new USCIS memorandum gives adjudicators the authority to deny H1B petitions without issuing an RFE to clear up any concerns.  This means it is essential to anticipate any issues before they arise.  At TheDegreePeople.com we work with RFEs, Denials, and difficult cases every year.  We know what is likely to trigger an RFE and we know how to overturn them.  Let us review your case, identify issues, and make a plan to fill in the evidentiary gaps before you file.  For a free consultation, visit ccifree.com.  We will get back to you in 48 hours or less.

Case Study: Specialty Occupation H1B RFE for Engineer – Overturned! Read More »

Case Study: Software Developer H1B RFE Overturned

Credential Evaluation, Immigration, Visa Approvals

When CIS suspects that a job does not meet H1B requirements for specialty occupation, in the past they would issue an RFE.  This year, beneficiaries are likely to just get a Denial.

Over the next three weeks, we will look at three different jobs that have been specialty occupation RFE magnets in the past, what was done to effectively overturn them, and how to use this information to preempt a Denial this coming H1B season.

Borderline jobs that sometimes require a US bachelor’s degree or higher or its equivalent, but not always, or companies with past hiring practices of hiring candidates less qualified than specified H1B requirements for specialty occupation are at higher risk of running into trouble.  One common job that runs into trouble is software developer.

Last year, a beneficiary came to us with a specialty occupation RFE for this very position.  She had the proper degree in software development and the work experience to back it up.  The beneficiary wasn’t the problem, the job description was.  The duties outlined in the petition did not clearly and exactly meet the duties and responsibilities outlined in the Department of Labor’s Occupational Outlook Handbook for that position at the wage level set for her.

We answered the RFE with an expert opinion letter from an expert in the field of software development thoroughly explaining that her job duties and responsibilities DID meet specialization requirements and highlighting why her wage level was set as it was.   This was accompanied by a detailed breakdown of her specialized duties and responsibilities on the job.

Last year, we were able to get the RFE overturned.  This year, with the new CIS memorandum that gives adjudicators the jurisdiction to deny petitions without an RFE, she might not have been so lucky.  A Denial can be overturned, but it is much harder.  As with an RFE, Denials are much easier to prevent than to overturn.

Including an expert opinion letter to preempt a specialty occupation RFE with the initial petition is advised.  If you or your employee or client is a software developer petitioning for H1B status for FY2020, it’s more important this year than ever to make sure you have all of your bases covered.

For a free review of your case, visit ccifree.com.  We offer expert opinion letters, credential evaluations, and consulting services tailored to the individual needs of each client, their education, their job, and their visa.

Case Study: Software Developer H1B RFE Overturned Read More »

What You Need to Know About Changes to H1B Visa Adjudication

Credential Evaluation, Immigration, Visa Approvals

What does this mean? In practice, it actually means very little has changed. While denials are much more difficult to overturn than RFEs, it should not change the fact that applicants must file the initial petition in completion, with all additional evidence and documentation included, preemptive of any RFEs the case is likely to trigger.

Getting it right the first time has always been key to a successful H1B season. Another change to come this April 2019 is that H1B applicants must file electronically at the normal time to be included in the lottery, but no paperwork is required to be filed UNLESS the petitioner is selected for the lottery.

However, if you, or if your employee or client is planning to petition for H1B status for FY 2020 you need to be ready to file an impeccable petition the first time because it is unlikely you will get a second chance. That means being aware of any potential RFE triggers inherent to your case, or your employee or client’s case.

To prevent a denial, it is important to include a credential evaluation in the initial petition to fill in any gaps between your education, or your employee or client’s education and the exact US degree needed for the job. This may include a work experience conversion to account for missing years of college.

To prevent a wage issue or specialty occupation issue – two interrelated issues which have been very prevalent in the past two H1B seasons – include an expert opinion letter in the initial petition that thoroughly explains how the job in question meets H1B specialty occupation requirements, and that the wage level is appropriate.

At TheDegreePeople we have experts on hand to write opinion letters that cover both wage level and specialty occupation issues in the same document. We also have experienced credential evaluators at your service who work regularly with difficult RFEs and their solutions. Every year, it is essential to cover all your bases before you file. This year, it is critical.

Let us review your case, or your employee or client’s case for free to make sure any potential approval issues are fully anticipated and addressed in the initial petition. Visit ccifree.com and we will get back to you in 48 hours or less.

What You Need to Know About Changes to H1B Visa Adjudication Read More »

How to Optimize Time Sponsoring 2017 H1B Clients and Employees

Credential Evaluation, Immigration, Visa Approvals


For these reasons, most STEM companies in the United States that have the resources to sponsor H-1B visas do. This can cost a company anywhere from $2,500 to 10,000 in legal fees and USCIS fees per H-1B employee. While this cost may sound substantial, it is actually a great investment in a company’s future and is even reasonable on paper when viewed in relation to the salaries of H-1B workers. H-1B visa holders can stay on to work with a company for up to six years, and since this is a visa of dual intent, the employer may decide to sponsor the employee for their Green Card down the road. This is an investment in the expansion of a company, as well as a way for the team to build an international perspective into the framework of how they do business. Money is not the issue that stands in the way. Viable companies budget for investment potential as a business strategy. The issue tends to be time.

Preparing an H-1B visa petition can take up the better part of a year. It does not have to, but it’s always a good idea to start making hiring decisions early on for companies looking to sponsor H-1B employees. If your company or your client’s company is ready to sponsor H-1B employees for the fiscal year of 2017, all petitions need to be submitted to USCIS on April 1st of 2016. That’s just under four months away. While the technical deadline for H-1B visa petitions is October 1st, there are only 65,000 annual H-1B visas available and literally hundreds of thousands of H-1B candidates applying for them. There is no annual cap for H-1B jobs in the non-profit sector or for government-funded research foundations, but these kinds of jobs do not cover the needs of the private STEM industry companies that need H-1B employees the most. Even companies like Microsoft tend to only get around half of the H-1B visas they petition for. If your company or your client’s company wants H-1B visa workers for 2017, it’s time to get those petitions ready.

At TheDegreePeople.com, we understand that preparing a petition takes time and can become very stressful. Having an advanced degree from a country outside of the United States – particularly from countries like India that have three-year bachelor’s degrees instead of four-year degrees – can cause trouble. If your employee or client has a degree specialized in a field related to but not exactly matching their field of employ, this can also cause trouble. There are many reasons your client or employee’s education can cause confusion when their petition is filed. Everything from mistranslations to confusion about credit hours can trigger an RFE or a Denial for an over-qualified, clearly adept H-1B visa candidate. Making sure your client or employee submits an accurate credential evaluation that meets the requirements of his or her H-1B visa along with the rest of the petition on April 1st is an essential way to save you time NOW and save you more time LATER. Don’t wait for an RFE, Denial, or NOID to address your client or employee’s education.   We offer a variety of low-cost rush delivery options for the last minute, no-cost consultations on your situation, and we can address your complicated cases quickly and successfully.

About the Author  

Sheila Danzig

Sheila Danzig is the Executive Director of TheDegreePeople.com a Foreign Credentials Evaluation Agency. For a no charge analysis of any difficult case, RFE, Denial, or NOID, please go to http://www.ccifree.com/?CodeBLG/ or call 800.771.4723.]]>

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